beta
Text
1. The Defendant (Counterclaim Plaintiff) paid KRW 105,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from September 16, 2014 to June 3, 2016.
Reasons
1. As to the main claim
A. The parties' assertion that the plaintiff purchased real estate from the defendant and transferred the real estate of KRW 350,00,000 to the down payment, and the defendant confiscated the real estate on the grounds of the plaintiff's default, but the provisions that the defendant should waive the amount of the down payment at the time of the cancellation of the sales contract due to default and thus, it is excessive to confiscate the total amount of the down payment exceeding 10% of the sale price, which is the ordinary contract price, unfairly excessive, and thus, the defendant is liable to pay to the plaintiff legal interest or delay damages calculated at each rate of 15% per annum as stipulated in the Civil Act from September 16, 2014 to the date of the cancellation of the sales contract, and from the next day to the date of the delivery of a copy of the complaint, the amount exceeding 220,000,000 won, which is the ordinary contract price.
In this regard, the defendant asserts that the waiver clause of down payment stipulated in the sales contract is not an estimate of the amount of damages, but there is no reason to reduce the amount of damages even if it is not an estimate clause of damages.
B. On April 8, 2013, the Plaintiff purchased from the Defendant for KRW 1,300,000,000,000 forest land C, Incheon po-gun, Incheon (hereinafter “instant real estate”).
(hereinafter “instant sales contract.” The instant sales contract includes a provision that the down payment of KRW 350,00,000 on the day, and the remainder of KRW 950,00,000 on August 8, 2014. However, the Plaintiff and the Defendant, instead of paying the down payment, shall assess the Plaintiff’s person designated by the Defendant as KRW 230,00,000, and assess the Plaintiff’s KRW 124 of the Bupyeong-gu D building 124 (hereinafter “E shopping district”) in lieu of paying the down payment, the Plaintiff and the Defendant shall assess the Plaintiff’s person designated by the Defendant as KRW 230,00,00,00, and shall assess the Plaintiff’s share of KRW 503,000 on KRW 4.32